Rule 15.05 - Dispositional OrderSubdivision 1. Adjudication and Disposition. On each of the charges found by the court to be proved, the court shall either:
(A) adjudicate the child delinquent pursuant to Minnesota Statutes, section 260B.198, subdivision 1; or(B) continue the case without adjudicating the child delinquent pursuant to Minnesota Statutes, section 260B.198, subdivision 7. The adjudication or continuance without adjudication shall occur at the same time and in the same court order as the disposition.
Subd. 2. Considerations; Findings.
(A) The dispositional order made by the court shall contain written findings of fact to support the disposition ordered and shall set forth in writing the following information: (1) why public safety and the best interests of the child are served by the disposition ordered;(2) what alternative dispositions were recommended to the court and why such recommendations were not ordered; and(3) if the disposition changes the place of custody of the child;(a) the reasons why public safety and the best interest of the child are not served by preserving the child's present custody; and(b) suitability of the placement, taking into account the program of the placement facility and assessment of the child's actual needs.(B) When making a disposition, the court shall consider whether a particular disposition will serve established principles of dispositions, including but not limited to: (1) Necessity. It is arbitrary and unjust to impose a disposition that is not necessary to restore law abiding conduct. Considerations bearing on need are:(a) Public Safety. The risk to public safety, taking into account: (i) the seriousness of the alleged offense in terms of community protection, including the existence of any aggravating factors recognized by the Minnesota Sentencing Guidelines, the use of a firearm, and the impact on any victim;(ii) the culpability of the child in committing the alleged offense, including the level of the child's participation in planning and carrying out the offense and the existence of any mitigating factors recognized by the Minnesota Sentencing Guidelines;(iii) the child's prior record of delinquency;(iv) the child's programming history, including the child's past willingness to participate meaningfully in available programming; and(b) Proportionality. The principle that the disposition be proportional, that is, the least restrictive action consistent with the child's circumstances.(2) Best Interests. A disposition must serve the best interests of the child, but this does not supersede the requirement that the disposition be necessary. The promise of benefits in a disposition, or even the suggestion that a particular disposition is best for the child, does not permit a disposition that is not necessary.(3) Out-of-Home Placement. Public policy mandates that the best interests of the child are normally served by parental custody. Where an out-of-home placement is being considered, the placement should be suitable to the child's needs. A placement that is not suited to the actual needs of the child cannot serve the child's best interests.(4) Sanctions. Sanctions, such as post-adjudication placement in a secure facility, are appropriate where such measures are necessary to promote public safety and reduce juvenile delinquency, provided that the sanctions are fair and just, recognize the unique characteristics and needs of the child and give the child access to opportunities for personal and social growth. In determining whether to order secure placement, the court shall consider the necessity of protecting the public, protecting program residents and staff, and preventing juveniles with histories of absconding from leaving treatment programs. Other factors that may impact on what sanctions are necessary include: any prior adjudication for a felony offense against a person, prior failures to appear in court, or prior incidents of running away from home.(5) Local Dispositional Criteria. The disposition should reflect the criteria used for determining delinquency dispositions in the local judicial district. Subd. 3. Duration. A dispositional order transferring legal custody of the child pursuant to Minnesota Statutes, section 260B.198, subdivision 1(3) shall be for a specified length of time. The court may extend the duration of a placement but only by instituting a modification proceeding pursuant to Rule 15.08. Orders for probation shall be for an indeterminate length of time unless otherwise specified by the court and shall be reviewed by the court at least annually.
Subd. 4. Continuance without Adjudication.
(A)Generally. When it is in the best interests of the child and not inimical to public safety to do so, the court may continue the case without adjudicating the child. The court may not grant a continuance without adjudication where the child has been designated an extended jurisdiction juvenile.(B)Child Not in Detention. If the child is not held in detention, the court may continue the case without adjudication for a period not to exceed one hundred eighty (180) days from the date of disposition. The court may extend the continuance for an additional successive period not to exceed one hundred eighty (180) days with the consent of the prosecutor and only after the court has reviewed the case and entered its order for the additional continuance without a finding of delinquency.(C)Child in Detention. If the child is held or is to be held in detention, the court may continue the case without adjudication and enter an order to hold the child in detention for a period not to exceed fifteen (15) days from the date of disposition. If the child is in detention, this continuance must be for the purpose of completing any consideration, or any investigation or examination ordered pursuant to Rule 15.03, subdivision 1. The court may extend this continuance and enter an order to hold the child in detention for an additional successive period not to exceed fifteen (15) days.(D)Dispositions During Continuance. During any continuance without adjudication of delinquency, the court may enter a disposition order pursuant to Minnesota Statutes, section 260B.198, subdivision 1, except clause (4).(E)Adjudication after Continuance. Adjudicating a child for an offense after initially granting a continuance without adjudication is a probation revocation and must be accomplished pursuant to Rule 15.07.(F)Termination of Jurisdiction. A probation revocation proceeding to adjudicate the child on any allegation initially continued without adjudication must be commenced within the period prescribed by Rule 15.05, subdivisions 4 (B) or (C), or juvenile court jurisdiction over the charges terminates.Amended effective 12/1/2012; amended April 22, 2015, effective 7/1/2015.